What are the constitutional and practical limits of a Governor’s power over the State Executive in India?

The Governor is the constitutional head of a State in India, acting as the link between the Centre and the State. While the Constitution grants significant powers to the Governor, these are not absolute and are subject to certain limitations, both constitutional and practical. The Governor’s authority is often tested during disagreements with the elected State Government.

• Constitutional Limits:
  • Article 163: The Governor is to act on the 'aid and advice' of the Council of Ministers, except in matters where the Constitution requires him to act in his discretion.
  • Article 154: Executive power of the State is vested in the Governor but exercised by him/her through officers subordinate to him/her, in accordance with the Constitution.
  • Discretionary Powers: The Constitution provides for some discretionary powers (e.g., reservation of bills for President, appointment of Chief Minister when no party has a clear majority) but these are limited and cannot be used arbitrarily.
  • Judicial Review: Actions of the Governor can be challenged in courts if they violate constitutional provisions or are deemed mala fide.
  • Supreme Court Judgments: Cases like Shamsher Singh v. State of Punjab (1974) clarified that the Governor must act on the aid and advice of the Council of Ministers except in specific situations.
• Practical Limits:
  • Political Accountability: The real executive power lies with the elected Council of Ministers. The Governor is expected to act as a neutral constitutional head, not as an active political player.
  • Central Government Influence: Since the Governor is appointed by the President, there can be pressure from the Central Government, but overstepping can lead to political controversy and judicial intervention.
  • Public Opinion and Media: Excessive interference by the Governor can lead to public criticism and loss of credibility.
  • Legislative Oversight: The State Legislature can question the Governor’s actions, especially if they are perceived as undermining the elected government.
  • Scope for Discretion is Narrow: The use of discretionary powers is rare and usually limited to constitutional crises, such as hung assemblies or breakdown of constitutional machinery.